Courts

Woman suing for unpaid wages passes ‘duck test’

March 13, 2013
Jennifer Nelson
Indiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the Wage Payment Act.
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7th Circuit again reverses drug sentence for minor role reduction

March 13, 2013
Dave Stafford
A man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider his minor role compared with conspirators.
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House Committee approves CHINS bill returning power to prosecuting attorneys

March 13, 2013
Marilyn Odendahl
A bill giving prosecuting attorneys the ability to file a Child in Need of Services petition continues to garner strong support in the Indiana General Assembly.
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Spotlight: Change of venue case requires planning, preparation and packing

March 13, 2013
Marilyn Odendahl
Moving a trial from one court to another can be cumbersome and brings with it logistical matters that have to be worked out so the lawyers can focus on presenting their case. Transporting office supplies, reserving hotel rooms, securing conference rooms and learning the demographics of the community before selecting the jury are among the tasks that have to be addressed.
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Moberly breaks barrier on federal bench

March 13, 2013
Dave Stafford
Indiana's first female bankruptcy is judge one of two new jurists in the Southern District.
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Is COA opinion on threat to judge a threat to rights?

March 13, 2013
Dave Stafford
Advocates say imprisoned blogger's ruling out of the Indiana Court of Appeals imperils the First Amendment.
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Justice Clarence Thomas visits Notre Dame Law School

March 13, 2013
IL Staff
U.S. Supreme Court Associate Justice Clarence Thomas visited the Notre Dame Law School March 5 and 6 as the Judge James J. Clynes Jr. Visiting Chair.
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Suit against Catholic diocese alleging firing after fertility treatment proceeds

March 12, 2013
Dave Stafford
A former teacher who claims her contract at St. Vincent de Paul School in Fort Wayne was not renewed because she underwent in vitro fertilization treatments may proceed with a suit against the Catholic diocese.
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Justices: Evidence of dismissed crimes allowable for post-conviction relief

March 12, 2013
Dave Stafford
A Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the Indiana Supreme Court ruled Tuesday.
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Applications open for Allen Superior Civil Division judge

March 12, 2013
IL Staff
Applications are open for qualified Allen County attorneys interested in serving as a judge in Superior Court, Civil Division.
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Justices take case alleging Wabash hazing

March 12, 2013
IL Staff
The Indiana Supreme Court will determine whether a college and a fraternity are liable for injuries a student received as a result of a prank, and whether the incident rises to hazing.
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Court affirms reduction of support ordered in another state

March 11, 2013
Dave Stafford
A court order reducing a father’s child support obligation from that set by a Pennsylvania court was affirmed Monday by the Indiana Court of Appeals.
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Ruling: Easement to Eagle Creek indeed leads to water

March 11, 2013
Dave Stafford
A trial court ruling that forbid residents of a lakefront subdivision from accessing the water from a public easement was overturned Monday by the Indiana Court of Appeals.
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Indiana bar exam may change test topics

March 11, 2013
IL Staff
Hopeful attorneys who take the Indiana bar exam in 2016 may no longer have to write essays on commercial law, personal property, and taxation based on proposed changes from the Indiana Board of Law Examiners.
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Indy archdiocese can’t collect sex-abuse legal fees from insurer

March 11, 2013
Dave Stafford
An insurance company won’t have to pay the Roman Catholic Archdiocese of Indianapolis’ legal fees and costs associated with defending claims of sexual abuse.
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Gingerich reversal won’t get high court review

March 8, 2013
Dave Stafford
A boy believed to be the youngest person convicted as an adult in Indiana will get a fresh start in juvenile court after the Indiana Supreme Court let stand a reversal of his conviction.
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2 Indianapolis attorneys charged with felonies

March 8, 2013
IL Staff
Two Indianapolis attorneys are facing criminal charges after the Marion County prosecutor filed charges in unrelated cases.
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Separate notice argument not enough to vacate small claims judgment

March 8, 2013
Marilyn Odendahl
A business’s argument that it should have been served with a separate notice of a small claims action was rejected by the Indiana Court of Appeals Friday.
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Southern District Bankruptcy Court to cease certain Chapter 13 notices

March 8, 2013
IL Staff
The Bankruptcy Court for the Southern District of Indiana will no longer issue notices of impending closure without discharge in Chapter 13 cases.
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Lake County man warned against disparaging bench

March 8, 2013
Dave Stafford
A Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.
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Gingerich reversal won’t get high court review

March 8, 2013
Dave Stafford
The Indiana Supreme Court will let stand the reversal of a trial court’s adult conviction and 25-year executed sentence for Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man.
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Man’s conviction of auto theft upheld

March 7, 2013
Jennifer Nelson
Although a trial court’s refusal to give a defendant’s jury instruction was an error, it was harmless and his felony auto theft conviction should be affirmed, the Indiana Court of Appeals ruled.
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Moberly’s official swearing-in ceremony Friday

March 7, 2013
United States Bankruptcy Judge Robyn L. Moberly will be formally sworn-in at a ceremony Friday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.
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Lawsuit accuses BMV of overcharging for driver’s licenses

March 7, 2013
Jennifer Nelson
A lawsuit filed in Marion County claims that the Indiana Bureau of Motor Vehicles has overcharged residents for their driver’s licenses by as much as $7 per license.
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Justices remand for more proceedings on grandparent visitation order

March 7, 2013
Jennifer Nelson
After finding a grandparent visitation order entered in Johnson County is voidable because of defects, the Indiana Supreme Court sent the case back to the trial court for new findings and conclusions without hearing new evidence.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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